1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Defendant is a business owner engaged in the food manufacturing business under the trade name of Kimpo-si C, Kimpo-si, and the Plaintiff is a worker who worked in the same workplace from May 28, 2012.

B. On December 19, 2012, at around 19:00 on December 19, 2012, the Plaintiff suffered bodily injury, such as the 1-5 resin pressure trail on the left side, by leaving the wall, which was worn to the left hand, after cutting the kimchi in the mination machine.

(hereinafter referred to as “instant accident”). C.

The Plaintiff’s labor ability loss rate due to the instant accident is 38.62%, and the Plaintiff was paid KRW 59,495,310 in total with temporary layoff benefits, medical care benefits, and disability benefits as the Korea Workers’ Compensation and Welfare Service.

[Reasons for Recognition] In the absence of dispute, Gap evidence Nos. 1 through 8, and the court's entrustment of physical examination to the head of the Seoul Hospital at the Macheon-do University

2. The plaintiff's assertion and determination that the accident of this case occurred because the defendant violated the duty of safety consideration to the plaintiff, since the defendant violated the duty of safety consideration to the plaintiff, the defendant is obliged to pay 25,000,000 won to the plaintiff as consolation money, on the date of the accident of this case, because the plaintiff did not provide safety education while ordering the defendant in charge of the product packing work, and installed safety net to prevent the wearing lock from being worn, or where kimchi is coming at the input machine.

However, the evidence submitted by the plaintiff alone can only be recognized that the plaintiff received medical care benefits, etc., and it is insufficient to recognize that the accident of this case occurred as a violation of the defendant's duty to protect the safety of the defendant, and

Rather, in light of the structure and operating method of pulverization of pulvers. 1 and 2 by video, the Plaintiff’s own effort to ensure the safety of the pulvers by exercising due care to prevent the pulvers from entering the culvers into the culvers.